• No results found

Contract Management

N/A
N/A
Protected

Academic year: 2021

Share "Contract Management"

Copied!
93
0
0

Loading.... (view fulltext now)

Full text

(1)

Page 1

C

C

O

O

N

N

T

T

R

R

A

A

C

C

T

T

M

M

A

A

N

N

A

A

G

G

E

E

M

M

E

E

N

N

T

T

M

M

A

A

N

N

U

U

A

A

L

L

COAL INDIA LIMITED

10, NETAJI SUBHAS ROAD,

KOLKATA -700 001

(2)

Page 2

CONTRACT MANAGEMENT MANUAL

CHAPTER CONTENTS 1 2 3 4 5

ITEM RATE CONTRACT TURN KEY CONTRACT TRANSPORTATION

POST AWARD MANAGEMENT

(3)

Page 3

LIST OF ABBREVIATIONS USED IN THE MANUAL

BCCL Bharat Coking Coal Limited CCL Central Coalfields Limited

CMPDIL Central Mine Planning and Design Institute Limited CHP Coal Handling Plant

CIL Coal India Limited

CMD Chairman cum Managing Director CMF Contract Management Forms CMS Contract Management Service CTD Concerned Technical Department

DGTD Director General of Technical Department

EM Earnest Money

E & M Electrical and Mechanical

GM General Manager

IBRD International Bank of Reconstruction and Development IDA Internal Development Association

LOI Letter of Intent MNW Master Network NIT Notice Inviting Tender PGM Project General Manager PMS Project Management Service PRO Public Relations Officer

SD Security Deposit

TC Tender Committee

(4)

Page 4

CHAPTER - 1

ITEM RATE CONTRACTS

(5)

Page 5

CHAPTER - 1

Item Rate Contracts

SECTIONS

1.01 -

Contract Identification

1.02 -

Preparation and Compilation of Tender Documents

1.03 -

Sale of Tender Documents

1.04 -

Tender Opening, Evaluation and Award

1.05 -

Earnest Money

1.06 -

Issue of Letter of Intent and Signing of Agreement

Annexures CMF 1.01 to CMF 1.20

(6)

Page 1

CHAPTER - 1 ITEM RATE CONTRACTS

CONTENTS

SECTION DESCRIPTION PAGE NO.

1.01 Contract Identification 1 - 2

1.02 Preparation and compilations of Tender Documents 3 – 8

1.03 Sale of Tender Documents 9 – 10

1.04 Tender Opening, Evaluation and Award 11 – 19

1.05 Earnest Money 20

1.06 Issue of Letter of Acceptance and Signing of Agreement 21 – 24

FORM No DESCRIPTION PAGE NO.

1.01 Contract Identification Packages 25

1.02 Contract Pre-Award Schedule 26 – 27

1.03 Tender Notice 28 – 29

1.04 Instruction to Bidders 30 – 40

1.05 Forms of Bid and Qualification Information 41 – 46

1.06 Conditions of Contract 47 – 70

1.07 Guidelines for Publication of Tender Notice in Newspapers 71

1.08 Schedule of Price of Tender Documents 72

1.09 Part II, Price Bid 73

1.10 Tender Evaluation (Part I) 74 – 75 1.11 Tender Evaluation (Part II) 76 – 77

1.12 Tender Register 78

1.13 Tender Sale Register 79

1.14 Earnest Money Register 80

1.15 Register for Contracts 81

1.16 Letter of Acceptance 82

1.17 Agreement Form 83 – 84

1.18 Tender Opening Register 85

1.19 Checklist for Award of Contract 86

(7)

Page 1

CIL CONTRACT MANAGEMENT MANAUAL

CHAPTER ITEM RATE CONTRACTS CHAPTER 1

SECTION CONTRACT IDENTIFICATION SECTION 01

Respons ible Action Timing

PMS CTD CMS/CTD PMS/CTD CMS/CTD CMS /CTD Competent Authority 1. (a) (b) 2. (a) (b) (c) (d) 3. 4. 5. 6.

Prepare Contract Identification Package:

details of work to be given out on contract items rate basis for a project as per Project Sa nction. The estimated value of contracts for such work/ groups of work which will be given out as single contract, should not be less than Rs.100 lakhs. [ Particulars vide annexure CMF 1.01]

details of work to be given out on contract items rate basis in an Area as per Works Estimate Sanction. The estimated value of contract of such work/groups of work which will be given out as single contracts should not be less than Rs.100 lakhs.

[ Particulars vide annexure CMF 1.01] Record:

Date of preparation o f particulars as above. Name of concerned Project/Area

Nature of work e.g. civil, electrical, etc. and description of work

Name of Section/Official to deal with the contract

Examine the Contract Identification Package (refer CMF 1.01) for contracts identified in Step 2 and finalise in association with PMS at subsidiary head quarters.

Prepare proposal as per finalised contract identification package for obtaining approval of the competent authority for tendering of the proposed job .

Send proposal/ Contract Identification Package to competent authority for approval of competent authority for tendering of the items of work in the Contract Package.

Approve proposal/ Contract Identification Package for Tendering and send back to CMS/CTD. As and when As and when On date of receipt 2 days 2 days Same day Within 3 days

(8)

Page 2

CIL CONTRACT MANAGEMENT MANAUAL

CHAPTER ITEM RATE CONTRACTS CHAPTER 1

SECTION CONTRACT IDENTIFICATION SECTION 01

Respons ible Action Timing

CMS/CTD 7. 8. (a) (b) (c) (d)

Award contract number to contracts approved for Tendering e.g. CMS/Civil/Project /Area /Year/Serial No.

Send Contract Identification Package with list of approved items of work to be given on contract with contract numbers to:

PGMs/GMs(Area) Corporate Finance

Heads of concerned Technical Departments at corporate head quarters

PMS at corporate head quarter

Same day as receipt of approved package

2 days

REGISTERS, DOCUMENTS AND ABSTRACTS

Sl. No. FORM TITLE Form No.

1. Contract Identification package

1.01

(9)

Page 3

CIL CONTRACT MANAGEMENT MANUAL

CHAPTER : ITEM RATE CONTRACTS CHAPTER: 1

SECTION : Preparation and Compilation of Tender Documents SECTION 02

Responsible Action Timing

CMS/CTD 1. 2. 3. 4. (a) (b) (c) 5. (a) (b) (c) (d)

Prepare Pre -Award Contract Schedule (refer CMF1.02) for each contract in Contract Identification Package.

Finalise Pre-Award Contract Schedule in association with PMS and send for approval of competent authority.

NOTE: Competent authority for the purpose should be the concerned Director for estimated value of work, the award of which requires Director's approval, and CMD for others without any limit as regards value.

Receive approved Pre -Award Contract Schedule from the competent authority. Send Pre -Award Contract Schedule to:

PGM/GM(Area) Corporate Finance

Heads of concerned Technical Departments at subsidiary head quarters

Action to be initiated for preparation of the following within specified dates as per Pre-Award Contract Schedule :

Detailed design and drawings Detailed specifications

Detailed cost estimates

The cost engineering department or the consultant or the organisation/ deptt. entrusted with the task of preparing cost estimates will prepare them based on accepted scientific principles and they will do a meticulous, detailed exercise, if required on first principle basis, to arrive at a reasonable estimates. The estimates will not be based solely on previously awarded contracts, though they would certainly be one of the factors for arriving at fairly accurate estimates. It will be the responsibility of the cost

As and when

1 day

Within 2 days Same day

(10)

Page 4

CIL CONTRACT MANAGEMENT MANUAL

CHAPTER : ITEM RATE CONTRACTS CHAPTER: 1

SECTION : Preparation and Compilation of Tender Documents SECTION 02

Responsible Action Timing

CMS/CTD 6 (a) (b) (c) 7. 8. (a) (b) (c) (d) (e) (f)

engineering department or the consultant or the organisation/ department entrusted with this task to explain the basis of their estimates, if the bids are received at abnormally higher or lower prices. They will also estimate the cost that a project might incur at different distinct stages of its progress.

Detailed eligibility criteria/ Qualification requirement as given in CMF1.04 to be followed as a standard for normal works.

Prepare draft of :

Instructions to Tenderers indicating eligibility criteria for tenderers(CMF 1.04) Part I - Forms of bid and qualification information. (refer CMF1.05)

Conditions of Contract (refer CMF 1.06 )

Review and make additions/alterations of the above draft as at step 6 above, if any, depending on special features of a particular contract.

Finalise the following :

Detailed design and drawings Detailed specifications

Detailed cost estimates

Finalised eligibility conditions for Tenderers

Finalised instructions to Tenderers Finalised conditions of contract.

[For standard jobs e.g. Type Quarters, Miners Quarters, Office Complex, etc.] [For non-standard jobs e.g. Hospital buildings, Workshop Construction, etc.]

3 days

Same day

(11)

Page 5

CIL CONTRACT MANAGEMENT MANUAL

CHAPTER : ITEM RATE CONTRACTS CHAPTER: 1

SECTION : Preparation and Compilation of Tender Documents SECTION 02

Responsible Action Timing

CMS/CTD 9. (1) (2) (3) 10. (a) (b) (c) (d)

Obtain approval of the Competent Authority for publication of Open Tender Notice in the newspaper.

NOTES:

The Competent Authority for approval should be the concerned Director of the subsidiary company.

In case there are contractors registered with the company for the nature and type of work and category (valuewise), such registered contractors are also eligible to participate in the tender and necessary instructions to this effect should be given in the tender notice.

In case the work is of a specialised nature / very urgent nature with strict time frame and stringent quality requirements , limited tenders amongst registered/ working contractors or known agencies of repute may be invited with the prior approval from competent authority , depending upon the value of work as per delegation of power.

Decide:

(i) Target date of publication of Tender Notice in the Newspapers as at step 9 above.

(ii) Suggested newspapers in which Tender Notice should be published (for guidelines, refer CMF 1.07).

For application fee for tender document refer CMF 1.08

Places/offices from which Tender documents would be sold.

Dates of opening and closing of Sale of Tender documents (sale to remain open for minimum 15 days from date of publication of Tender Notices).

30 days

Within 2 days of receiving particulars as in step 8.

(12)

Page 6

CIL CONTRACT MANAGEMENT MANUAL

CHAPTER : ITEM RATE CONTRACTS CHAPTER: 1

SECTION : Preparation and Compilation of Tender Documents SECTION 02

Responsible Action Timing

CMS/CTD (e) (f) 11. 12. 13.1 (a) (b) 13.2 14.

Last date and time of receiving Tenders (minimum 21 days from publication of Tender Notices).

Date and time of opening of Tenders. NOTE:

Sale of Tender documents from more than one source is not mandatory. This may be resorted to wherever necessary considering the nature and type of work, value of work and availability of capable tenderers in different regions, anticipating better participation for more competitive rates.

Prepare draft Tender Notice.

[refer CMF 1.03 for format of Tender Notice]

Finalise Tender Notice with the approval of competent authority .

Send Tender Notice to PRO for publication with

Suggested date of publication

List of suggested newspapers in which Tender Notice should be published. (refer CMF1.07).

Send Tender Notice/ Bid Documents to PR/ System Department .for placing the same in the company’s website.

[NOTE: Separate instructions for bidders (as

per Annexure-A) who wish to download the

Tender Documents from the website of the company should be enclosed with / incorporated in the Tender Documents (NIT/ ITB).]

Endorse copies of tender notices to : (a) Director-in-charge

(b) Area GMs of the company. (c) Corporate finance. (d) PMS 1 day 2 days Next day Same day

(13)

Page 7

CIL CONTRACT MANAGEMENT MANUAL

CHAPTER : ITEM RATE CONTRACTS CHAPTER: 1

SECTION : Preparation and Compilation of Tender Documents SECTION 02

Responsible Action Timing

CMS/CTD 15.

16.

17.

Compile set of Tender documents for printing.

NOTES: Tender documents shall consist of the following :

(i) Copy of Tender Notice for publication (ii) Instructions to tenderers ( Refer CMF1.04 )

(iii) Part I - Forms of Bid and qualification information ( Refer CMF 1.05 )

(iv) Part II - Price Bid - BOQ / Schedule of Work (refer CMF 1.09)

(v) Conditions of Contract ( Ref. CMF 1.06 )

(vi) Specifications (vii) Tender Drawings

Arrange for printing/binding of sets - numbers as m ay be required.

Send sets to places of sale as per Tender Notice.

2 days

7 days

1 day

REGISTERS, DOCUMENTS AND ABSTRACTS

SL. NO. FORM TITLE FORM NO.

1 2 3 4 5 6 7 8 9.

Contract Pre-Award Schedule Tender Notice

System to be followed for publication of the NIT and Tender Documents in the Website.

Instruction to Bidders

Part I -Forms of bid and Qualification information

Conditions of contract

Guidelines for Tender Issue in News paper Schedule of Price of Tender Doc uments Part II - Price Bid

1.02 1.03 Annexure-A 1.04 1.05 1.06 1.07 1.08 1.09

(14)

Page 8

Annexure-A

The following system may be followed for publication of the NIT and Tender Documents in the Website. i) In addition to the existing rules and practices regarding giving publicity of tenders through

newspapers, the complete bid documents alongwith Notice Inviting Tender shall be published on the Website of the company. It shall be ensured by the concerned department that the parties making use of this facility of website are not asked to again obtain some other related documents from the department manually for purpose of participating in the tender process i.e. all documents upto-date should remain available and shall be equally legally valid for participation in the tender process as manual documents obtained from the department through manual process.

ii) The complete bid documents should be available on the website for the purpose of downloading and tender submitted on such downloaded bid documents shall be considered valid for participating in the tender process.

iii) The company must give its website address in the advertisement / NIT published in the newspapers. iv) The company shall not be responsible for any delay / difficulties / inaccessibility of the downloading

facility for any reason whatsoever. The downloading facility shall be available during the period of sale of tender paper.

v) The bidders, who will download the tend er documents from the website of the company, will be required to pay the cost of tender documents (Application Fee) by Bank Draft as per NIT at the time of submission of tenders.

vi) The bidders will be required to submit an undertaking that they will accept the tender documents as available in the website and their tender shall be rejected if any tampering in the tender document is found to be done at the time of opening of tender.

vii) The Bank Draft towards the cost of tender documents ( Application Fee ) and the undertaking of the tenderer as at sl.no.vi) shall be submitted in a separate envelope marked “Cost of Tender Documents and the Undertaking” and not with Part-I/ EMD.

viii) In case of any discrepancy between the tender documents downloaded from the web site and the master copy available in the office, the latter shall prevail and will be binding on the tenderers. No claim on this account will be entertained.

(15)

Page 9

CONTRACT MANAGEMENT MANUAL

CHAPTER : ITEM RATE CONTRACTS CHAPTER: 1

SECTION : Sale of Tender Documents SECTION 03

Responsible Action Timing

CMS/CTD 1. 2. 3. 4. 5. 6. 7. 8. 9. (a) (b) (c) 10.

Receive sets of tender documents from the printer

Verify number of sets actually received with the quantity mentioned in the printer's bill /challan.

Enter the quantity received in the receipts column of the tender register (refer CMF 1.12).

Send tender documents to the different places/ offices of sale as per Tender Notice. Enter number of documents issued to different places/offices of sale in the Tender Register.

Receive applications along with cash/ demand drafts for the documents.

Allot serial numbers and issue documents to the applicants.

Enter details of documents sold, in the Tender Sale Register. (refer CMF1.13) Send to CMS/ CTD at Corporate Headquarters:

Details of tender documents sold as per Tender Sale Register (in same format) Unsold sets of Tender Documents

Cash received (in Draft)/ Demand Drafts received towards price of tender documents to CMS corporate Hqs.

Receive details of tender documents sold, unsold sets of tender documents and demand drafts as per Step 9 above.

As and when Same day Same day Next day Same day From date of opening of sale of tender docu- ments to last date of sale as per

tender notice

As and when

As and when sale is made

1 day after last day of sale of

tender documents

(16)

Page 10

CONTRACT MANAGEMENT MANUAL

CHAPTER : ITEM RATE CONTRACTS CHAPTER: 1

SECTION : Sale of Tender Documents SECTION 03

Responsible Action Timing

CMS/CTD 11.

(a) (b)

12.

Enter details of:

Number of sets of tender documents sold Number of unsold sets received back in Tender Register.

Forward demand drafts received towards sale of tender documents to finance and accounts departments.

NOTE:

Sale of Tender from different places other than the office of the respective CMS/ CTD is not mandatory. Steps 4, 5, 10 and 11 are applicable in the event sale from different places is resorted to.

Same day

REGISTERS, DOCUMENTS AND ABSTRACTS

Sl.No. TITLE FORM NO.

1 2

Tender Register Tender Sale Register

CMF 1.12 CMF 1.13

(17)

Page 11

CONTRACT MANAGEMENT MANUAL

CHAPTER : ITEM RATE CONTRACTS CHAPTER: 1

SECTION : Tender Opening, Evaluation and Award SECTION 04

Responsible Action Timing

CMS/CTD 1. (a) (b) (c) 2. (a) (b) (c) 3.

Put up proposal in association with Corporate Finance for formation of the Tender Committee: Chairman - GM/CGM rank

* Representative of concerned GM-Area/Project * Representative of CTD

* Representative of Corporate Finance * Representative of CMS

for estimated value of work, the award of which requires the approval of Director or CMD of the subsidiary company.

Chairman - Director (T) of subsidiary com pany * GM of concerned Area/Project

* GM/Head of Department of CTD * Chief Finance Manager

* CGM/GM of CMS

for estimated va lue of work, the award of which requires approval of the Board of the subsidiary c ompany.

Chairman - Director(T) of CIL

* Director(T) of subsidiary or his representative * GM/ HOD of CMS

* GM (Finance) of CIL * GM/ HOD of CTD

for work, which is to be awarded from CIL level. Obtain approval of the formation of the Tender Committee

from concerned Director for 1(a) above from CMD for 1(b) above.

from Chairman, CIL for 1(c) above

Inform respective members of the Tender Committee.

NOTES:

(1) The representatives of the GM-Area/Project and other concerned departments as outlined in Step 1(a) should, as far as possible, be in position to be associated till finalisation of the recommendation of Award. Within 3 days of finalisation of Tender Notice 2 days 3 days 3 days 3 days

(18)

Page 12

CONTRACT MANAGEMENT MANUAL

CHAPTER : ITEM RATE CONTRACTS CHAPTER: 1

SECTION : Tender Opening, Evaluation and Award SECTION 04

Responsible Action Timing

CMS/CTD Tender Committee 4. 5. 6. 7. 8. 9. 10.

(2) The Tender Committee, as outlined in Steps 1 (a), (b) & (c) above, may take the assistance of any personnel/official of the concerned discipline of the company as may be required for its evaluation/ deliberation.

(3) Tender Committee as outlined in Step 1 (b) & (c) may comprise the representative of CMPDI or other agencies if so considered necessary by the Chairman of the Tender Committee.

(4) Dealing Officer in CMS/ CTD to act as Co-ordinator for the Tender Committee.

(5) In case of absence of a Director on any Tender Committee meeting, another Director will preside over the meeting. There should be alternate members for each Heads of Division/Department. Check the Tender Notice on the date of publication and issue corrigendum/amendment for publication, if required.

Inform members of Tender Committee of date and time of opening of Tenders.

Amend/ change in scope of work, if any, requiring issue of Addendum.

Prepare draft of amendment/change extending the date of sale of Tender Documents and the last date of receiving tenders and refixing date of opening, Arrange printing of Addendum incorporating change in the scope of work and send to PRO for publication in the newspapers in which original tender notice were published.

Intimate members of Tender Committee about the extended date of opening.

Decide whether Part I of the tenders should be opened or it should be postponed if any of the following circumstances prevail:

On date of publication of Tender N otice

Same day

Not later than 10 days from original publication 2 days 3 days 7 days before date of opening On date of opening of Part I

(19)

Page 13

CONTRACT MANAGEMENT MANUAL

CHAPTER : ITEM RATE CONTRACTS CHAPTER: 1

SECTION : Tender Opening, Evaluation and Award SECTION 04

Responsible Action Timing

Tender Committee (a) (b) (c) 11. 12. 13. .

At least 1 member of the Tender Committee and 2 representatives of the Tender Committee members/alternate members are not pre sent. Number of sealed tenders received is less than 2

Dislocation of normal communication and trans - port system due to uncontrollable factors like strike, flood or other intervening circumstances.

If decided to postpone, record the reasons and fix the date of next meeting (should be within the next two days).

NOTE:

If on the expiry of two days, the number of sealed tenders received is less than two, the last date of receiving tenders is to be extended by one month without opening the single tender. Notice of extension should be sent to all tenderers who have purchased tender documents or to PRO for publication if considered necessary, on the same day. If on expiry of the extended date, no fresh tender is received, the tender received earlier should be opened on the extended date and processed as per steps suggested hereinafter. If considered eligible for recommendation of Award after negotia tion with the single tenderer, by the Tender Committee, the re commendation should be put up to the competent authority for approval. If decided to open, ascertain whether any tenders have been received after the time fixed for receipt of the tenders but before opening of Part I of the tenders and reject the same as Late Bid.

Open the Part I of the respective tenders after reading out the name of the bidder

Ensure bid documents are initialed on each page by the tenderer or representative of the tenderer authorised to initial on his behalf.

On the date of opening or the extended date of opening Same day Same day

(20)

Page 14

CONTRACT MANAGEMENT MANUAL

CHAPTER : ITEM RATE CONTRACTS CHAPTER: 1

SECTION : Tender Opening, Evaluation and Award SECTION 04

Responsible Action Timing

Tender Committee CMS/CTD Tender Committee 14. 15. 16. (a) (b) (c) (d) (e) 17. 18. 19. 20. 21. 22.

Note the names of th e bidders or the representatives of the bidders present at the opening in the Tender Opening Register ( Refer CMF 1.18).

Ensure Certified Cheque/ Demand Draft/ Bank Guarantee for earnest money is attached to the respective tenders and is in order as per instructions contained in tender documents. Prepare a statement of Earnest Money deposits in duplicate, with the following details :

Tender Notice Number and date Date of Opening

Name of the Tenderer

Details of Certified Cheque/ Demand Draft / BG Number, Date, Name of Bank etc.

Amount of Certified Cheque/ Demand Draft / BG For details, please see chapter on Earnest Money. Reject the tender not enclosing Earnest Money unless exempted by standing order issued by CIL or the company.

Verify whether particulars required under Part I of the tender are furnished by all the Tenderers.

Evaluate the eligibility of the Tenderers (refer CMF 1.10 for evaluation of Part I).

Ascertain whether any conditional Tender is submitted.

If so, negotiate for waiver of the condition/ conditions with the tenderer/tenderers.

Prepare list of Tenderers qualifying for opening of Part II (price bid) to be signed by members of Tender Committee (refer CMF 1.10).

NOTE:

If evaluation of part I cannot be completed on the

Same day Same day Same day Same day Same day Same day Same day Same day Same day

(21)

Page 15

CONTRACT MANAGEMENT MANUAL

CHAPTER : ITEM RATE CONTRACTS CHAPTER: 1

SECTION : Tender Opening, Evaluation and Award SECTION 04

Responsible Action Timing

Tender Committee Tender Committee 23. 24. 25. 26. (a) (b) 27. 28. 29. 30.

date of opening, date of subsequent meeting should be fixed for the next day by the Tender Committee. No need for separate communication for this and this practice should be followed for all subsequent meetings. Evaluation should be completed within 5 days.

If part II (price bid) cannot be opened on the date of opening of part I, fix the date of opening of Part II at the concluding meeting for evaluation of Part I and arrange for its display on the Office Notice Board at least two days before the date of the opening. Open Part II of the Tenders after reading out the names of qualifying bidders and read out the values of the respective quotes offered.

Note the names of the representatives of the Tenderers present at the meeting.

Verify :

Each page of Part II and the overwriting, if any, are corrected and rewritten and initialled in full by the Tenderer or the representative of the Tenderer authorised to initial on his behalf.

The Tenderer has undertaken to complete and has quoted for the full quantity of the work as per instructions in the Tender Documents.

Reject the price bid which are found to be invalid as per verification in step 26 above.

Reject the bids which are incomplete and not submitted as per instructions contained in the Tender documents.

Prepare comparative statement for evaluation of the valid price bids (refer to CMF 1.11).

If evaluation cannot be completed on the date of opening, fix the date of the next meeting and inform the members. Same day Within 7 days of finalisation of Part I Same day Same day Same day Same day Same day Same day

(22)

Page 16

CONTRACT MANAGEMENT MANUAL

CHAPTER : ITEM RATE CONTRACTS CHAPTER: 1

SECTION : Tender Opening, Evaluation and Award SECTION 04

Responsible Action Timing

Tender Committee CMS/CTD 31. (a) (b) (c) (d) 32. (a) (b) (c)

Examine the comparative statement and determine

Lowest rate quoted for each item of work in the Bill of Quantity/ Schedule of Works.

The total value (Qty x Rate/Unit) for the contract quoted for all the items of work taken together by the different tenderers.

The overall lowes t value of the contract quoted ( L1 ) and the name of the Tenderer.

Also ensure that :

(i) Evaluation of bids has been made only on the basis of set criteria as clearly stated in the bid documents. It will not, nor will it, be compelled to change the c riteria, after the price bids are opened.

(ii) No document presented by any bidder after the closing date and time of the bid has been taken into account during evaluation.

(iii) However, if a bidder has offered a rebate unilaterally after the closing da te and time of bid, it has not been taken into account for evaluation purposes by the Tender Committee. But if that bidder emerges as the lowest evaluated, the rebate offered is taken into account by the Head of the Department co-ordinating the Contract in association with T.C. while forwarding the Tender Committee's recommendation to the accepting authority and while awarding the contract.

Compare the rates quoted by overall L1 for each item of work with:

Analysing rates of major items on the whole costing 80% of the estimated cost put to tender based on prevalent market rates of materials, labour etc.

The company's own schedule of rates for such items of work

As and when as per steps 29. and 30.

(23)

Page 17

CONTRACT MANAGEMENT MANUAL

CHAPTER : ITEM RATE CONTRACTS CHAPTER: 1

SECTION : Tender Opening, Evaluation and Award SECTION 04

Responsible Action Timing

Tender Committee (d) 33. 34. (a) (b) (c) 35.

Recent rates offered by the company for such items of work in other contracts, if available.

Record the assessment made as above in the Evaluation statement (refer CMF 1.11).

Recommend award of the contract to L1 if :

the overall amount for the contract as well as rates for individual items of work quoted by L1 are justified, competitive and reasonable/ workable when compared to comparable rates such as prevailing market rates (wherever possible and practicable), schedule of rates of the company or rates recently awarded for similar jobs in the company and in conformity with the guidelines given at step 32.

it is not obligatory to recommend the award of work to the lowest tenderer in all cases. In case the lowest tender is found to be unworkable and unbalanced or impractical, negotiation may be carried out with L1 only to arrive at reasonable rate.

In case the negotiation with L1 does not yield a reasonable rate re-tendering should be done straightway except situations as covered in 35. However in case there is an emergency and the time required for re -tender cannot be allowed, the case of awarding work to the L1 tenderer at the negotiated rate may be considered by an authority one step higher than the otherwise competent authority after recording the reasons.

If in Tender Committee's opinion award cannot be recommended in favour of L-1 for reasons of the overall amount as well as the rates quoted are not reasonable or the work may not be satisfactorily executed by one tenderer/ bidder and needs to be broken down to small units, if practicable then following steps should be taken : (i) Splitting of the Work : -

a) Determine the respective areas to which the work should be split up.

Within 2 days of step 32

Within 3 days of evaluation

(24)

Page 18

CONTRACT MANAGEMENT MANUAL

CHAPTER : ITEM RATE CONTRACTS CHAPTER: 1

SECTION : Tender Opening, Evaluation and Award SECTION 04

Responsible Action Timing

Tender Committee 36.

b) Ascertain the L-1 bidder for the respective units based on original or revised bid as the case may be.

c) If overall L-1 is also L-1 for the respective units and the rates are found to be reasonable after negotiation then all the work to be awarded to overall L-1 i.e. splitting of the work is not required.

d) In the event the overall L-1 is not the L-1 for all the respective units, ascertain whether the rates quoted by the respective L-1 is reasonable and the aggregate of the units does not exceed the amount quoted by overall L-1 for the entire work, if so, recommend award accordingly.

e) In the event the rates quoted by the respective L-1/L-1s are not reasonable, finalise the rates through negotiation with the original revised L-1 of the respective units, as the case may be, so that the total amount for all the units does not exceed the overall amount quoted by over all L-1 in terms of the original or the revised bid as the case may be.

(ii) If negotiation as envisaged in (e) does not yield result then either the work may be negotiated to overall L-1 without splitting the work and the award of the work if negotiated amount is reasonable or go for retender.

(iii) If there are more than one lowest bidder either original or revised, recommendation to be decided on the basis of comparative technical superiority amongst them, where spltting up of the work is not considered necessary.

Recommend award as per negotiations.

The tender evaluation committee will prepare a check list to facilitate decision making. This check list will be submitted to the competent authority by the co-ordinating officer with his comments along with the relevant documents. The list may vary from

Within 10 days from step 35

(25)

Page 19

CONTRACT MANAGEMENT MANUAL

CHAPTER : ITEM RATE CONTRACTS CHAPTER: 1

SECTION : Tender Opening, Evaluation and Award SECTION 04

Responsible Action Timing

CMS/CTD 37. 38. 39. (a) (b) (c) 40.

contract to contract. A model checklist is provided in CMF1.20 as guideline.

Record reason for recommendation of award, in detail, along with minutes of negotiations.

Send re commendation of Tender Committee with supporting documents for approval of competent authority through corporate Finance.

Obtain approval from:

Concerned Director for award value as per existing delegation of financial powers.

CMD for award value as per existing delegation of financial powers.

Company Board for award value as per existing delegation of financial powers.

If award cannot be put to Board within 30 days, decide in association with Corporate Finance, for obtaining approval of the award, by circulation to members of the Board.

1 day Within 2 days 2 days 3 days 30 days As may be applicable

REGISTERS, DOCUMENTS AND ABSTRACTS

SL. NO. TITLE FORM NO.

1 2 3 4 5

Tender Evaluation - Part I Tender Evaluation - Part II Tender Opening Register Checklist for Award of Work Checklist for Award of Work

CMF 1.10 CMF 1.11 CMF 1.18 CMF 1.19 CMF 1.20

(26)

Page 20

CONTRACT MANAGEMENT MANUAL

CHAPTER : ITEM RATE CONTRACTS CHAPTER: 1

SECTION : Earnest Money SECTION 05

Responsible Action Timing

CMS/CTD Cashier-in- charge CMS/CTD 1. 2. 3. 4. 5. 6. 7. 8.

Send the Certi fied Cheques/ Drafts deposited by the Tenderers along with the statement in duplicate (step 16, chapter

1, section .04) to the Cashier-in-charge.

Receive the Certified Cheques/ Drafts and acknowledge on the duplicate copy to be returned to CMS/ CTD.

Issue acknowledgment of Certified Cheques/ Drafts to each bidder with Pucca Receipt.

Enter details of Certified Cheques/ Demand Drafts/ B.G. in the Earnest Money Register (Form of EM Register vide Annexure CMF 1.14).

Inform Corporate Finance to refund the Earnest Money deposits of Tenderers rejected on scrutiny of Part I.

Send advice to corporate finance to refund earnest money deposits to the unsuccessful tenderers forthwith after opening of Price Bid and finalisation of the tender.

Take action for issuing notice of forfeiture in the event the tenderers who has been awarded the work, refuses to accept LOA.

Send Advice to Corporate Finance to discharge the Bid Security/ EMD submitted in the form of B.G. after the Bidder has signed the Agreement and furnished the required Performance Security/ Security Deposit. The bid security deposited in the form of Demand draft shall be adjusted against the security deposit.

On the date of opening of Tenders Same day Within 5 days 1 day

Within 2 days from rejection

Within 2 days of approval

As applicable

Within 2 days from signing the

contract

REGISTERS, DOCUMENTS AND ABSTRACTS

SL. NO. TITLE FORM NO.

(27)

Page 21

CONTRACT MANAGEMENT MANUAL

CHAPTER : ITEM RATE CONTRACTS CHAPTER: 1

SECTION : Issue of LOA and Signing of Agreement SECTION 06

Responsible Action Timing

CMS/CTD 1. 2. 3. 4. 5. 6. (a) (b)

Prepare draft of Letter of Acceptance of Tender (LOA) (refer CMF 1.16) in accordance with the approval of the award by the competent authority, specifying the details of the work awarded, the total value of the contract as agreed to and stipulating the time by which the LOA is to be accepted.

Finalise the draft LOA after vetting by Corporate Finance.

Send finalised LOA to legal department for vetting and receive approved LOA from legal

Issue LOA to successful bidder/bidders with directions to deposit security deposit immediately.

Obtain acceptance of the LOA by the bidder/ bidders.

On receipt of security deposit, issue work order enclosing finalised schedule of work with approved quantities and rates, to the contractor, giving directions :

to submit detailed construction programme, working drawings, other relevant details including contra ctor's resource mobilisation plan, payment schedule, construction of infrastructure facilities etc.

to contact concerned Engineer-in-charge/ Official by designation for receiving further instructions for the commencement of work. Within 2 days Within 2 days Within 1 day Same day Within 7 days

Within 2 days from receipt of initial secu- rity deposit

(28)

Page 22

CONTRACT MANAGEMENT MANUAL

CHAPTER : ITEM RATE CONTRACTS CHAPTER: 1

SECTION : Issue of LOA and Signing of Agreement SECTION 06

Responsible Action Timing

CMS/ CTD 7. (a) (b) (c) (a) (b) (c) (d) (e) 8. 9. (a) (b) (c) 10. 11. 12. 13.

Finalise in consultatio n with : the Contractor

PMS

project GM/Area GM the following details :

Detailed Construction Programme. Contractor's Resource Mobilisation plan

Design and Drawing Schedule Payment Schedule

Other necessary details and plans for execution of the contract.

Draw up draft of agreement with Article of Agreement (Ref. CMF 1.17) in association with the contractor, incorporating all the necessary terms and conditions.

Send to Legal Department :

Draft of Agreement in case the CTD considers it necessary

Power of attorney in favour of GM (CMS/CTD) by the company to sign the agreement.

Power of attorney in favour of the contractor's representative, by the contractor, to sign the agreement for verification and vetting.

Receive from Legal Department, the finalis ed agreement ( if sent for vetting ) and powers of attorneys. Inform the contractor of the date of signing of the agreement.

Sign agreement with contractor

Enter details of contract signed, in the Contract Register. (Particulars vide Annexure CMF 1.15). Within 15 days 7 days Same day Within 3 days Same day Within 7 days Same day

(29)

Page 23

CONTRACT MANAGEMENT MANUAL

CHAPTER : ITEM RATE CONTRACTS CHAPTER: 1

SECTION : Issue of LOA and Signing of Agreement SECTION 06

Responsible Action Timing

CMS/ CTD 14. The primary responsibility for issuing amendments to the contract will always rest with the authority who has originally approved the contract though for administrative reasons he may delegate the powers of issuing amendments to his subordinate authorities subject to delegation of financial powers prevalent in the company. However at the time of closing the contract, the authority who had originally approved the contract must satisfy itself that the amendments issued by the subordinate authority are in order.

(30)

Page 24

CONTRACT MANAGEMENT MANUAL

CHAPTER : ITEM RATE CONTRACTS CHAPTER: 1

SECTION : Issue of LOA and Signing of Agreement SECTION 06

Responsible Action Timing

REGISTERS, DOCUMENTS AND ABSTRACTS

Sl.No. TITLE FORM NO.

1 2 3

Register of Contracts

Letter of Acceptance of Tender Form of Article of Agreement

CMF 1.15 CMF 1.16 CMF 1.17

(31)

Page 25

CMMitemrate_ver270206

CMF -1.01 COAL INDIA LIMITED

Subsidiary : Contract Package/ Identification Format Date : Name of Project/ Area : Project Sanction No. :

Works Estimate Sanction No. : Sl. No. Name/Descripti on of

Work Concerned Technical Department Estimated value of work as per Project Sanction/ Estimate Sanction Estimated period of completion (to be filled in by CTD ) Target date of completion ( to be filled in by CTD ) Tendering

Approved by Date of Approval Contract No. ( to be filled in after approval of tendering is obtained ) Remarks Prepared by : CTD/CMS Checked by : CTD

(32)

Page 26

COAL INDIA LIMITED

For Internal Use of CMS/CTD only. CMF : 1.02

PRE AWARD CONTRACT SCHEDULE DATE :

CONTRACT NO. : PROJECT/AREA :

NATURE OF WORK DESCRIPTION OF WORK : SERIAL

NO. T ARGET EVENTS/ACTIVITIES T ARGET DATE RESPONSIBILITY/ ASSOCIATION A 1. 2. 3. 4. Target Events

Project Sanction/ Works Estimate Sanction Approval of Tendering

Completion of Contract Commencement of Work

B Total Time Available For Pre Award Activities ( A 2 to A 4 ) C 1. 2. 3. 4. 5. 6. 7. 8. 9. Activities

Intimation to consultant for preparation of designs and drawings, technical specifications and detailed cost estimates (bills of quantities)

Receipt of finalised designs and drawings and technical specifications

Receipt of detailed cost estimates sanctioned by appropriate authority

Issue of Tender Notice to PRO for publication Publication of Tender Notice

Opening of sale of Tender Documents. Closing of sale of Tender Documents Last date of receipt of tenders.

Opening of Tenders ( Part I ) by Tender Committee

CMS/CTD CTD CTD CMS/CTD PRO CMS/CTD CMS/CTD CMS/CTD TC

(33)

Page 27

COAL INDIA LIMITED

For Internal Use of CMS/CTD only. CMF : 1.02

PRE AWARD CONTRACT SCHEDULE DATE :

CONTRACT NO. : PROJECT/AREA :

NATURE OF WORK DESCRIPTION OF WORK : SERIAL

NO.

T ARGET EVENTS/ACTIVITIES T ARGET

DATE RESPONSIBILITY/ ASSOCIATION 10. 11. 12. 13. 14. 15. 16. 17. 18.

Opening of Tenders Part II ( Price Bid ) by Tender Committee

First meeting of the Tender Committee

Finalisation of recommendations for award of contract by Tender Committee

Approval of award by competent authority

Issuing of Letter of acceptance of tender/ Work Order to successful tenderers after vetting by legal department.

Finalisation of

i) Master Network of Post Award Activities ii) Detailed Construction Programme iii) Contractor's Resource Mobilisation Plan iv) Design and Drawing Schedule

v) Payment Schedule

Preparation of Draft Agreement and vetting of legal department

Signing of Agreement

Handing over of site to Contractor

TC

TC TC

Com petent Authority CMS/CTD

CMS/CTD

CMS/CTD/Legal

CMS/CTD PGM/Area GM D Total Time Period

( Should be equal to B ) Prepared by : CMS/CTD Note :

In cases where the time frame from opening of tenders to signing of Agreement ( items 9 to 17 ) exceeds the period of three months, reasons to be stated specifying the item for which the time frame to exceed three months, while obtaining the approval of the competent authority.

(34)

Page 28 CMF : 1.03 TENDER NOTICE

COMPANY : PROJECT/ TENDER NOTICE NO. : AREA DATE :

1. Sealed item rate tenders are invited from reputed and experienced contractors for the following works :

Description of Work Location Estimated

value (Rs.) Period of Completion

2. Earnest Money

Rs……….. ( 1% of the estimated cost rounded of to nearest hundred rupees subject to maximum of Rs. 50 lakhs) as Earnest Money/ Bid Security is to be deposited in the form of irrevocable Bank Guarantee (from Scheduled Bank/ Branch acceptable to the owner) with validity 28 days beyond the validity of the Bid in the format given in the Bid Document. Certified Cheques and Demand Drafts will also be acceptable as Earnest Money/ Bid Security drawn in favour of ………..……… Coalfields Ltd. on any scheduled Bank payable at its branch at ………..…. Earnest Money/ Bid Security of the unsuccessful bidder shall be refundable as promptly as possible after opening of Price Bid and finalisation of the tender and shall bear no interest..

3. Application fee for Tender Documents

The application fee for tender documents shall be Rs ... (Refer CMF 1.08 for fixing the application fee for tender document) payable either in cash or by bank draft drawn in favour of... Coalfields Ltd., on ... Bank payable at its branch at...

4. Availability of Tender Documents

Tender documents including terms and conditions of work, shall be available on payment, from the following places, during the period as stated below:

Place From ... .... to ... (date) Time From ... ... to ... (i) office of the General Manager (Contracts Management Services)

at Company HQ

(ii) office of the General Manager of the concerned area where contract is to be executed.

(iii) Office of the Regional Sales Manager, Coal India Ltd (a) Address ... Mumbai

(b) Address ... Delhi (c) Address ... Chennai (d) Address ... Lucknow (e) Address ... Patna

(iv) Address of the company's Kolkata Office.

(35)

Page 29 CMF : 1.03 TENDER NOTICE

COMPANY : PROJECT/ TENDER NOTICE NO. : AREA DATE :

5. General Instructions for Submission of Tender

Tenderer is required to submit his offers in sealed covers giving reference to this Tender Notice No. and date, containing offers in two parts- I & II as specified in the Tender documents. EMD to be submitted in a separate envelope with the Part I of the tender document. Part I & II should also be in sealed covers clearly superscribing as part I & II on the respective envelopes (Name of the work shall be superscribed on the left hand side of the covers ).

Part II envelopes will be opened only in respect of such tenderers as found valid after scrutiny of part I.

6. Validity Period of Offer

The rates offered in Part II should be valid for 120 days from the date of opening of Part I of the Tender.

7. Receipt of Tenders

Tenders are to be received in sealed covers upto ...HRS on ... (date) at the following offices:

(1) Office of the General Manager, Contract Services at ... (Subsidiary HQ). (2) Office of the General Manager... Area (concerned area).

8. Opening of Tenders

Tenders will be opened at ... HRS on ... (date) at the office of the General Manager at... 9. The company is not under any obligation to accept the lowest tender/tenders and reserves the right to reject any or all the tenders without assigning any reason whatsoever, and also to distribute the work and allot the work/works to m ore than one tenderer, at its sole discretion.

Signature ____________________ General Manager Department/ Project Name of the Company

NOTE:

1. Items 4(ii),(iii) and (iv) are not mandator y and may be resorted to wherever necessary considering nature and type of work, value of work and availability of capable tenderers in different regions, anticipating better participation for more competitive rates.

2. If the bid is invited from un-registered contractors, then pre-qualification criteria for issue of tender documents shall be included in the notice.

(36)

Page 30

CMF 1.04 INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

1. SCOPE OF TENDERER

1.1 The ______________________________ (referred to as Employer in these documents) invites bids for the construction of works (as defined in these documents and referred to as "the works") detailed in the table given in the Notice Inviting Tenders (NIT). The tenderers may submit tenders for any or all of the works (Packages or slices) detailed in the NIT.

1.2 The successful Bidder will be expected to complete the Works by the Intended Completion Date specified in the Contract.

2. ELIGIBLE TENDERERS :

2.1 The Invitation for Bids is open to all Bidders eligible to participate as per qualifying criteria laid down separately hereinafter.

2.2 All bidders shall provide in their bid Forms of Bid and Qualification Information, a statement that the Bidder (including all members of the firm including subcontractors) is not associated, nor has been associated in the past, directly or indirectly, with the consultant or any other entity that has prepared the design, specifications, and other documents for the Project or being proposed as Engineer for the Contract. A firm that has been engaged by the Employer to provide consulting services for the preparation or supervision of the Works shall not be eligible to Bid.

2.3 Joint Venture: Two or three companies/ contractors may jointly undertake contract/contracts. Each entity will be jointly responsible for completing the task as per the contract.

2.4 The Company reserves its right to allow Public Enterprises purchase preference facility as admissible under prevailing policy.

3. QUALIFICATION OF THE TENDERER :

3.1 All bidders shall provide in their bid Forms of Bid and Qualification Information, a preliminary

description of the proposed work method and schedule, including drawings and charts, as necessary. 3.2 In the event that prequalification of potential bidders has been undertaken, only Bids from prequalified bidders will be considered for award of Contract. These qualified bidders should submit with their Bids any information updating their original prequalification applications or, alternatively, confirm in their Bids that the originally submitted prequalification information remains essentially correct as of the date of Bid submission. The update or confirmation should be provided in the bid.

3.3 If the employer has not undertaken pre-qualification of potential bidders, all bidders shall include the following information and documents with their bids (copies of all documentary evidences are to be duly authenticated by the tenderers/ constituted attorney of the tenderer with full signature and seal. All signed declarations are to be made in the tenderer’s letter head.)

a. copies of original documents defining constitution or legal status, place of registration, and principal place of business; written power of attorney of signatory of the Bid to commit the Bidder. b. i) total monetary value of contractual work performed for each of the last five years.

ii) experience of having successfully executed similar works during last seven years

c. experience in works of similar nature and size for each of the last five years, and details of work under way or contractually committed; and the name and address of clients who may be contacted for further information on those contracts;

d. major items of construction equipment proposed to carry out the Contract;

(37)

Page 31 CMF 1.04 INSTRUCTIONS TO BIDDERS

f. reports on financial standing of Bidder, such as profit and loss statement and auditor's reports for the past five years;

g. evidence of adequacy of working capital for this Contract (access to lines of credit and availability of other financial resources);

h. authority to seek references from the Bidder's bankers;

I. Prior approval in writing of the company shall be obtained before any change is made in the constitution of the contracting agency otherwise it shall be treated as breach of contract.

j. information regarding any litigation, current or during the last five years, in which the Bidder is involved, the parties concerned, and disputed amount; and

k. proposals for subcontracting components of the Works amounting to more than 10 percent of the Contract Price and

l. Permanent Income Tax Account No(PAN)

m. The bidders would give a declaration that they have not been banned or delisted by any Govt. Or Quasi-Govt. Agencies or PSU’s. If a bidder has been banned by any Quasi-Govt. or Quasi-Quasi-Govt. Agencies or PSU’s that fact must be clear ly stated and it may not necessarily be a cause for disqualifying him. If this declaration is not given the bid will be rejected as non-responsive.

n. Two or three companies/contractors participating in the bid as Joint Venture should submit Firm-wise participation details, Banker’s name, execution of work with details of contribution of each and all other relevant details.

[ Note: The intending tenderer will have to submit a declaration in support of the authenticity of the credential submitted by them alon gwith the tender in the form of an affidavit as per the format provided in the bid document. ]

3.4 To qualify for award of the contract -

a. The intending tenderer must have in its name as a prime contractor experience of having successfully completed sim ilar works during last 7(seven) years ending last day of month previous to the one in which bid applications are invited (i.e. eligibility period) should be either of the following.

i) Three similar completed works each costing not less than the amount equal to 40% of the estimated cost. Or

ii) Two similar completed works each costing not less than the amount euql to 50% of the estimated cost. Or

iii) One similar completed work costing not less than the amount equal to 80% of the estimated cost.

b. Average annual financial turnover of civil work during the last 3(three) years, ending 31st March of the

previous financial year should be at least 30% of the estimated cost.”

c. Evidence of possessing adequate working capital ( at least 20% of the value of this work ) inclusive of access to lines of credit and availability of other financial resources to meet the requirement.

Note: Financial turn over and cost of completed works of previous works shall be given a weightage of 5% per year (average annual rate of inflation) to bring them at current price level.)

3.5 Sub contractors experience and resources will not be taken into account in determining the Bidders' compliance with qualifying criteria.

3.6 Bidders who meet the minimum qualification criteria will be qualified only if thier available bid capacity is more than the total bid value. The available bid capacity will be calculated as under :

Assessed available bid capacity = ( A x N x 2 - B)

Where - A : Maximum value of works executed in any one year during the last five years (updated to current level) taking into account the completed as well as works in progress.

N : Number of years prescribed for completion of the works for which bids are invited. B: Value at current price level of existing commitments and on-going works to be

completed during the next ... months (Period of completion of the works for which bids are invited.)

Note : The statements showing the value of existing commitments and ongoing works as well as the stipulated period of completion remaining for each of the works listed should be countersigned by the Engineer-in-charge not below the rank of Executive Engineer.

(38)

Page 32 CMF 1.04 INSTRUCTIONS TO BIDDERS

3.7 Even though the bidders meet the above qualifying criteria, they are subject to be disqualified if they have: a. made misleading or false representations in the forms, statements and attachments submitted in proof of the qualification requirements; and/or

b. record of poor performance such as abandoning the works, not properly completing the contract, inordinate delays in completion, litigation history, or financial failures etc.

Notes : I) The qualification criteria shown above are to be considered as a standard for normal works.

4. ONE BID PER BIDDER

4.1 Each Bidder shall submit only one Bid, either individually, or as a partner in a partnership firm or a partner in a joint venture or a public limited firm. A Bidder who submits or participates in more than one Bid (other than as a subcontractor or in cases of alternatives that have been permitted or requested) will cause all the proposals with the Bidder's participation to be disqualified.

5. COST OF BIDDING

5.1 The Bidder shall bear all costs associated with the preparation and submission of his Bid, and the Employer will in no case be responsible or liable for those costs.

6. SITE VISIT

6.1 The Bidder, at the Bidder's own responsibility, cost and risk, is encouraged to visit and examine the Site of Works and its surroundings and obtain all information that m ay be necessary for preparing the Bid and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the Bidder's own expense.

6.2 It shall be deemed that the tenderer has visited the site/area and got fully acquainted with the working conditions and other prevalent conditions and fluctuations thereto whether he actually visits the site/area or not and has taken all the factors into account while quoting his rates.

6.3 Site Investigation Reports:- The Contractor, in preparing the bid, shall rely on the Site Investigation Report referred to in the bid document, supplemented by any information available to the Bidder.

7. CONTENT OF BIDDING DOCUMENTS

7.1 The set of bidding documents comprises the documents listed in the table below and addenda issued in accordance with Clause 9:

Notice Inviting Tender

Section 1 Instructions to Bidders;

Section 2 Forms of Bid and Qualification Information; Section 3 Conditions of Contract;

Section 4 Specifications; Section 5 Tender Drawings;

Section 6 Forms of Securities/Guarantees and form of Article of Agreement. Section 7 Scope of work/Bill of Quantities;

(39)

Page 33 CMF 1.04 INSTRUCTIONS TO BIDDERS

8. CLARIFICATION OF BIDDING DOCUMENTS

8.1 A prospective Bidder requiring any clarification of the bidding documents may notify the Employer in writing or by cable ("cable includes telex and facsimile) at the Employer's address indicated in the Notice Inviting Tender. The Employer will respond to any request for clarification received earlier than 15 days prior to the deadline for the submission of Bids. Copies of the Employer's response will be forwarded to all purchasers of the bidding documents, including a description of the inquiry but without identifying its source.

8.2 Pre-bid meeting: A pre-bid meeting will be hel d on ………at ………….hrs at the office of……… to clarify the issues and to answer questions on any matter that may be raised at that stage.

9. AMENDMENT OF BIDDING DOCUMENTS

9.1 Before the deadline for submission of Bids, the Employer may modify the bidding documents by issuing addenda.

9.2 Any addendum thus issued shall be part of the bidding documents and shall be communicated in writing or by cable to all purchasers of the bidding documents. Prospective Bidders shall acknowledge receipt of each addendum by cable to the Employer.

9.3 To give prospective Bidders reasonable time in which to take an addendum into account in preparing their Bids, the Employer shall extend, as necessary, the deadline for submission of Bids, in accordance with Sub-clause 19.2 below . And the same is also to be communicated simultaneously to all the purchasers of Bidding Document.

10. LANGUAGE OF BID

10.1 All documents relating to the Bid shall be in the English language.

10.2 In case the bid is signed in a language other than English by the bidder, the total amount of the bid should also be written in the same language.

11. DOCUMENTS COMPRISING THE BID

11.1 The Bid, comprising of two/three parts, will be submitted by the bidder as follows : a. Part I of the bid to be submitted in Ist inner sealed envelope comprising of

( i ) bid security/earnest money deposit,

( ii ) letter of the bidder submitting the bid in the form as stipulated in 'Contractor's bid' in the bid document and

(iii) qualification information as indicated in the bid document and Documents as required in accordance with stipulations of bid document and any other materials required to be completed and submitted by bidder in accordance with these instructions.

(iv) Indication of Alternative Bid/ Deviation, if any (See Item -16 for details)

b. Part 2 of the bid to be submitted in the IInd inner sealed envelope comprising of Priced Bill of Quantities with the original bid document issued to the bidder duly signed by authorised signatory of the bidder on all pages a s proof of accepting the conditions of contract.

c. Both the inner sealed envelopes will then be placed in one outer envelope, sealed and marked properly as per Clause 18 and submitted to the Employer at its address before the deadline for submission of the bid as described in Clause 19.

(40)

Page 34 CMF 1.04 INSTRUCTIONS TO BIDDERS

12. BID PRICES

12.1 The contract shall be for the whole Works as described in Sub-Clause 1.1, based on the priced Bill of Quantities submitted by the Bidder.

12.2 The Bidder shall fill-in rates and prices for all items of the Works described in the Bill of Quantities. Corrections, if any, shall be made by crossing out, initialing, dating and rewriting. Overwriting should be avoided, and instead, corrections be made wherever required as per above.

12.3 All duties, taxes, and other levies payable by the Contractor under the Contract, or for any other cause shall be included in the rates, prices and the total Bid Price submitted by the Bidder. All incidentals, overheads, leads, lifts, carriages etc. as may be attendant upon execution and completion of items shall also be included in the rates, prices and total Bid price submitted by the bidder.

12.4 The rates and prices quoted by the Bidder shall be fixed for the duration of the contract and shall not be subject to variations on any account except to the extent variations allowed as per the conditions of the contract of the bidding document.

12.5 The bidder is to ascertain existence of any Force Majeure Condition at the place of operation of the bids and will categorically specify them in his bid stating whether they have been taken into consideration in their quotation.

13. CURRENCIES OF BID AND PAYMENT

13.1 The unit rates and prices shall be quoted by the Bidder entirely in Indian Rupees. 14. BID VALIDITY

14.1 Bid shall remain valid for a period not less than one hundred and twenty days after the deadline for bid submission specified in Clause 19. A bid valid for a shorter period shall be rejected by the Employer . 14.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer may request that the bidders may extend the period of validity for a specified additional period. The request and the bidder's responses shall be made in writing or by cable. A bidder may refuse the request without forfeiting his bid security. A bidder agreeing to the request will not be required or permitted to modify his bid but will be required to extend the validity of his bid security for a period of the extension, and in compliance with Clause 15 in all respects.

15. BID SECURITY/ EARNEST MONEY DEPOSIT

15.1 The bidder shall furnish, as part of his bid, a Bid Security/Earnest Money in the amount as shown in NIT for this particular work. Bid Security/EMD will be required to be deposited in the form of irrevocable Bank Guarantee (from Scheduled Bank/ Branch acceptable to the owner) with validity 28 days beyond the validity of the Bid in the format given in the Bid Document. Certified Cheque s and Demand Drafts will also be acceptable as Bid Security/ Earnest Money drawn in favour of ……….…… Coalfields Ltd. on any Scheduled Bank payable at its branch at … ………….

( a 15.2. Any Bid not accompanied by an acceptable Bid Security/ /EMD shall be rejected by the Employer as non-responsive.

15.3 The Bid Security/ /EMD of the unsuccessful bidder shall be refundable as promptly as possible after opening of Price Bid and finalisation of the tender .

(41)

Page 35 CMF 1.04 INSTRUCTIONS TO BIDDERS

15.4 The Bid Security/ /EMD of the successful Bidder will be discharged when the Bidder has signed the Agreement and furnished the required Performance Security/Security Deposit.

15.5 The Bid Security/Earnest Money may be forfeited:

a. if the Bidder withdraws the Bid after Bid opening during the period of Bid validity; or b. in the case of a successful Bidder, if the Bidder fails within the specified time limit to: (i) sign the Agreement; or

(ii) furnish the required Performance Security/ Security Deposit.

c. if the bidder does not accept the correction of the bid price pursuant to clause 26 of ITB. 15.6 The Bid Security/ EMD deposited with the Employer will not carry any interest

16. ALTERNATIVE PROPOSAL S BY BIDDERS

16.1 Bidders shall submit offers that comply with the requirements of the Bidding documents, including the basic technical design as indicated in the drawings and specifications. Alternatives will not be considered, unless specified in the Bidding Data. If such a case , Sub-Clause 16.2 shall govern.

16.2 Bidders are to offer technical alternatives to the requirements of the Bidding documents alongwith the Bid that complies with the requirements of the Bidding documents, including the basic technical design as indicated in the drawings and specifications. In addition to submitting the basic Bid, the Bidder shall provide all information necessary for complete evaluation of the alternative by the Employer, including design calculations, technical specifications, breakdown of prices, proposed construction methods and other relevant details . Only the technical alternatives, if any, o f the lowest evaluated Bidder conforming to the basic technical requirements stipulated in the bidding document shall be considered by the Employer.

17. FORMAT AND SIGNING OF BID

17.1 The Bidder shall prepare the bidding documents comprising the Bid as described in Clause 11 of these instruction to Bidders.

17.2 All documents of the Bid shall be typed or written in indelible ink and shall be signed by a person or persons duly authorised to sign on behalf of the Bidder, pursuant to Sub-Clauses 3.3(a). All pages of the Bid document shall be initialled by the person or persons signing the Bid.

17.3 The Bid shall contain no alterations, or additions, except those to comply with instructions issued by the Employer, or as necessary to correct errors made by the Bidder, in which case such corrections shall be initialled by the person or persons signing the Bid. Erasing or overwriting in the bid document may disqualify the bidder.

18. SEALING AND MARKING OF BIDS

18.1 The Bidder shall seal the Bid in two inner envelopes and one outer envelope, duly marking the inner envelopes in the following manner :

Ist inner sealed envelope will be marked "Part I - Bid for _________________________ comprising Bid Security/EMD with qualification information "

IInd inner sealed en velope will be marked as " Part II - Price Bid for __________________ ____ _________"

Outer Sealed envelope will be marked as " Bidding Documents for _____________________ __________."

References

Related documents

Symantec reserves the right to designate specified Content Updates as requiring purchase of a Content Updates Subscription at any time and without notice to Licensee;

Express the final energy of the block in terms of given quantities (excluding ) and the unknown final angular velocity of the wheel,.. ANSWER:

A number of different types of institutions make con- sumer instalment loans; the main ones are industrial banking companies, commercial banks, personal finance companies, sales

For example, by increasing market discipline and integration with global financial markets, removing capital controls can increase a country’s vulnerability to banking and

Another study by the same group suggests that iNOS production is increased in the hepatocytes due to high fat diet, which induces insulin resistance in sinusoidal endothelial

Then Shannon entropy approach is used to determine entropy value of black spots’ centers and safety levels are classified by fuzzy logic approach.. Study Area

Abstract Wastes from olive oil and wine industries (as exhausted grape marc, vineshoot trimmings, two-phase olive mill waste, vinasses, and olive mill wastewater) were evaluated